A Dakota County judge tossed out a felony charge against the founder and former leader of a national right-to-die group on Friday, March 22, saying Minnesota's law against "advising" suicide is unconstitutional.

But the judge upheld other charges against three members of the Georgia-based Final Exit Network, which is accused of aiding in the death of a chronically ill Apple Valley woman and a subsequent cover-up.

The case involves the death of former musician Doreen Dunn, 57, who committed suicide in May 2007 after struggling with chronic, debilitating pain. She was not terminally ill.

Dakota County prosecutors filed felony charges of aiding a suicide, as well as gross misdemeanor charges of interfering with a death scene, against four members of Final Exit, as well as the organization itself.

But in a ruling Friday, Dakota County District Judge Karen Asphaug said language in the Minnesota statute, which pertains to the criminality of assisting with a suicide, was overly broad.

Specifically, the judge referred to a phrase within the statute stating, "whoever intentionally advises, encourages or assists another in taking the other's own life may be sentenced to imprisonment."

Attorneys for the defendants argued that while the state may bar someone from "assisting" a suicide, making "advising" and "encouraging" illegal would infringe upon free speech without justification.

While the judge said someone who "encourages" suicide could still be prosecuted under the statute, Asphaug said the use of the word "advises" was "facially overbroad.

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" Because of that, she dismissed the felony charge against Thomas Goodwin, 66, of Punta Gorda, Fla.

Goodwin is the founder and former president of Final Exit and now serves as a volunteer with the group, his attorney said.

Asphaug noted that the statute was a "content and viewpoint-based restriction on free speech, subject to strict scrutiny."

Dakota County Attorney James Backstrom said in a statement that his office would review the judge's ruling before determining how to proceed.

The other Final Exit members named in the indictment are former medical director Lawrence Egbert, 85, of Baltimore; Jerry Dincin, 82, of Highland Park, Ill.; and Roberta Massey, 67, of Bear, Del.

The judge also threw out gross misdemeanor charges against Goodwin and Massey for allegedly interfering with a death scene. Those charges relate to the claim that after giving Dunn a fatal dose of helium, the defendants removed evidence and tried to make it appear as if Dunn had died of natural causes.

Goodwin's attorney, John Lundquist of Minneapolis, said there was no proof that Goodwin was present or contributed to Dunn's death.

"Judge Asphaug did a very thorough and scholarly analysis of the law and the facts," Lundquist said.

Finally, the judge dismissed an assisting-in-a-suicide charge against Massey -- saying there was also lack of probable cause -- but upheld a charge of aiding and abetting others to assist in a suicide.

All other remaining charges against the defendants were upheld.

Backstrom added in his statement: "We are pleased that the Judge has found probable cause for most of the counts in the indictment against Final Exit Network and several of its members."

Final Exit general counsel Robert Rivas told the Associated Press that the group was celebrating Goodwin's legal victory.

"It's a clean sweep for Tom. I'm sure he's overjoyed," Rivas said Friday night. "Everybody in Final Exit Network is jumping for joy because he's the former president."

Prosecutors argued that Dincin and Egbert traveled to Minnesota to help Dunn commit suicide by inhaling helium from a plastic bag placed over her head, then disposed of all the evidence.

According to its website, the group provides information and "a compassionate presence" for those suffering from irreversible illness, disability and pain. But they add that they "are opposed to anyone's encouraging another to end his life, do not provide the means to do so, and do not assist in a person's death."

Minnesota's assisted-suicide law is also being challenged in the state Supreme Court. An attorney for a former Faribault nurse convicted of going online and encouraging two people to kill themselves is arguing that his client's actions were also protected speech. Attorney Terry Watkins argued in his appeal that William Melchert-Dinkel did not participate in any suicides.

This report includes information from the Associated Press. Tad Vezner can be contacted at 651 228-5461.